IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090007406


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart, Combat Infantryman Badge, and other awards to which he may be entitled.

2.  The applicant states, in effect, he is trying to improve his Department of Veterans Affairs (VA) priority rating for medical care.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and VA Patient Data Card.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army for 3 years on 27 July 1966.  He was trained as a light weapons infantryman in military occupational specialty (MOS) 11B.  He served in Vietnam from on or about 22 December 1966 through on or about 18 December 1967 with Company C, 3rd Battalion, 21st Infantry, 196th Light Infantry Brigade and was credited with serving during two campaigns.

3.  The applicant was honorably separated on 25 July 1969 after serving 2 years, 11 months, and 29 days of creditable active service with no lost time.  His DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were uniformly "excellent" throughout his service with no indication of convictions by a court-martial.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Vietnam Campaign Medal.  It does not show the Purple Heart, Combat Infantryman Badge, or any other awards.

4.  The applicant's medical records are not contained in his service records.  His DA Form 20 contains no entry in item 40 (Wounds).  There is no entry in item 41 (Awards and Decorations) showing he received the Purple Heart; however, there is an entry showing award of the Combat Infantryman Badge by Special Orders 38, Headquarters, 196th Light Infantry Brigade, dated 8 February 1967.

5.  There are no orders in the applicant's service records showing award of the Purple Heart and the applicant's name does not appear on the Vietnam casualty roster.  However, there are orders showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  during Vietnam, the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted 


person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying;

	b.  the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound required medical treatment, and the medical treatment was made a matter of official record; 

	c.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size;

	d.  and one bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart, Combat Infantryman Badge, and other awards.

2.  The applicant's medical records are unavailable for review of wounds, his name is not on the Vietnam casualty roster, there are no orders awarding him the Purple Heart, and item 40 of his DA Form 20 is blank.  It cannot be established that he was wounded or entitled to the Purple Heart.

3.  Orders published by the 196th Light Infantry Brigade on 8 February 1967 awarded the applicant the Combat Infantryman Badge.  This should be added to his records.



4.  The applicant's records show he is eligible for award of the Army Good Conduct Medal for the period 27 July 1966 to 25 July 1969.  This award should be added to his records.

5.  The applicant's records contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).  These badges should be added to his records.

6.  The applicant is eligible to wear two bronze service stars on his Vietnam Service Medal instead of the one now shown on his DD Form 214.

7.  Finally, Department of the Army General Order Number 8, dated 1974, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This foreign unit award should be added to his records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period 27 July 1966 to 25 July 1969; and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090007406



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ABCMR Record of Proceedings (cont)                                         AR20090007406



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